Case status:
Part I: Findings adopted on 14.04.2011 – No non-compliance found; see para. 9 of Decision V/9.
Part II: Findings adopted on 17.03.2017 – Non-compliance found.
Follow-up:
Part I: -
Part II: Concluded; see Decision VII/8f.
Topics: Definitions; Clear, transparent and consistent framework; Access to justice.
Articles alleged: 3 (1); 9 (2)–(5).
Articles considered by the Committee:
Part I: 2 (2); 9 (2)–(4).
Part II: 2 (2); 3 (1); 9 (3), 9 (4).
Articles, if any, found in non-compliance:
Part I: -
Part II: 9 (3), 9 (4).
Summary: On 1 December 2008, the non-governmental organization ClientEarth, supported by a number entities and a private individual, submitted a communication to the Compliance Committee alleging a failure by the European Union to comply with its obligations under articles 3 (1) and 9 (2)–(5) of the Convention, in relation to a general failure to comply with access to justice in environmental matters, specifically regarding the standing criterion for private individuals and NGOs to challenge decisions before the Court of Justice of the European Union and the General Court.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2008/32 (EC) | 09.09.2011 | |
| Preliminary determination on admissibility | 19.12.2008 | |
| Communication | Communication ACCC/C/2008/30 | 01.12.2008 |
| Appendixes: Appendix 1 - Detailed analyses of the courts' jurisprudence (pp.1-36) and Appendix 2 - List of jurisprudence of the European Courts referred to in the communication (pp.37-38) | Appendixes to the communication | 01.12.2008 |
| List of NGO supporting the communication | Annex to the communication | 01.12.2008 |
| Letter to the Party informing about the communication | Letter from the secretariat sent at the request of the Committee | 24.12.2008 |
| Letter to the communicant regarding preliminary admissibility of the communication | Letter from the secretariat sent at the request of the Committee | 24.12.2008 |
| Letter to the Party concerned raising additional questions for clarification | Letter from the secretariat sent at the request of the Committee | 19.01.2009 |
| Letter to the communicant raising additional questions for clarification | Letter from the secretariat sent at the request of the Committee | 19.01.2009 |
| Letter to the Party concerned requesting timing of response and updating about possibility of discussion at twenty-fourth meeting | Letter from the secretariat | 12.05.2009 |
| Cover letter from the communicant for answers to the questions raised to the communicant and to one question raised to the Party concerned | Letter from the communicant | 25.05.2009 |
| Letter from the communicant with answers to the questions raised to the communicant | Letter from the communicant | 25.05.2009 |
| Letter from the communicant with answers to one question raised to the Party concerned | Letter from the communicant | 25.05.2009 |
| Letter from the Party concerned with response to letter from the secretariat to the Party concerned on 24.12.2008 (cover letter) (document) | Letter from the Party concerned | 11.06.2009 |
| Amicus brief submitted by WWF-UK | Amicus brief | 24.06.2009 |
| Annex A - Order of the CFI in Case T-91/07 dated 2nd June 2008 | Annex to Amicus brief | 24.06.2009 |
| Annex B - WWF's Appeal to the ECJ (Case C-335/08) | Annex to Amicus brief | 24.06.2009 |
| Annex C - Order of the ECJ in Case C-355/08 dated 5th May 2009 | Annex to Amicus brief | 24.06.2009 |
| Annex D - IEEP report on Compliance by the European Community with its Obligations on Access to Justice under the Aarhus Convention | Annex to Amicus brief | 24.06.2009 |
| Letter requesting delay in the discussion | Letter from the Party concerned | 02.07.2009 |
| Letter concerning Commission's request for deferal | Letter from the communicant | 10.08.2009 |
| Letter concerning ECJ decision in WWF-UK case | Letter from the communicant | 10.08.2009 |
| Update on WWF-UK case before ECJ | Information from the communicant | 10.08.2009 |
| Letter concerning Communicant's request for deferal and forwarding Amicus brief | Letter to the Party concerned | 19.08.2009 |
| Letter concerning ECJ decision in WWF-UK case | Letter to the communicant | 19.08.2009 |
| Message outlining position concerning discussion of the case | Message from the amicus | 24.08.2009 |
| Letter from the communicant reacting to the position of the Party concerned (cover) (message) | Message from the communicant | 28.08.2009 |
| Letter to parties concerned with an update and convening the hearing at CC-25 | Letter from the secretariat | 28.08.2009 |
| Oral submissions at the discussion (cover letter) (oral statement) (aide memoire) | Message from the Party concerned | 30.09.2009 |
| Oral submissions at the discussion (oral statement) (response to EC aide memoire) | Message from the amicus | 30.09.2009 |
| Oral submissions at the discussion | Message from the communicant | 05.10.2009 |
| Comments on the Party concerned's aide-memoire | Message from the communicant | 05.10.2009 |
| Message to all parties concerned (including the amicus) with regard to the outcome after CC-25 and the following steps concerning the case | Letter from the secretariat | 13.11.2009 |
| Letter to the amicus, to the communicant and to the Party concerned asking for their reaction on one outstanding issue | Letter from the secretariat | 21.01.2010 |
| Message outlining relations between the Aarhus Convention and the European Union (European Community) | Message from the amicus | 19.02.2010 |
| Message outlining changes in the relations between the Aarhus Convention and the European Union (European Community) | Message from the Party concerned | 26.02.2010 |
| Message outlining position with regard to the the relations between the Aarhus Convention and the European Union (European Community) | Message from the communicant | 02.03.2010 |
| Draft findings Letter to the Party and letter to the communicant |
From the secretariat | 15.03.2011 |
| Comments on the draft findings | From the communicant | 11.04.2011 |
| Comments on the draft findings | From the amicus | 11.04.2011 |
| Comments on the draft findings (cover letter) | From the Party concerned | 12.04.2011 |
| Findings (advance unedited copy) (cover letter to parties) | From the secretariat | 27.04.2011 |
| Findings (En Fr Ru) | From the secretariat | 24.08.2011 |
| Letter from the Party concerned | From the Party concerned | 20.07.2011 |
| Letter from the communicant (in response to the Party's letter of 20.07.2011 | From the communicant | 24.08.2011 |
| Decision of the European Commission to appeal | From the Party concerned | 18.07.2012 |
| Update from the communicant with regard to the decisions of the EU General Court | From the communicant | 23.07.2012 |
| Letter from the communicant | From the communicant | 20.05.2014 |
| Letter to the communicant | From the secretariat | 28.08.2014 |
| Letter | From the communicant | 19.09.2014 |
| Email Comments on the judgements by the Court of Justice in cases C-401/12 P to C-405/12 P |
From the communicant | 23.02.2015 |
|
Comments on the judgements by the Court of Justice in cases C-401/12 P tp C-405/12 P Annex 1: Request for internal review of State Aid guidelines |
From an observer (Friends of the Earth) | 23.02.2015 |
| Email to the Party concerned | From the secretariat | 02.03.2015 |
| From the Party concerned | 18.03.2015 | |
| Email to the Party concerned | From the secretariat | 23.04.2015 |
| Invitation to discussion at the Committee's 49th meeting | To the communicant | 13.05.2015 |
| Invitation to discussion at the Committee's 49th meeting | To the Party concerned | 13.05.2015 |
| Observations on the communicant’s comments on the judgments by the Court of Justice | From the Party concerned | 11.06.2015 |
| Letter enclosing questions from the Committee in advance of the discussion at 49th meeting | From the secretariat | 19.06.2015 |
| Comments on the judgements by the Court of Justice in cases C-401/12 P to C-405/12 P | From observers (Dr. Eliantonio and Dr. Backes) | 26.06.2015 |
| Opening statement for discussion at the Committee's 49th meeting | From the Party concerned | 01.07.2015 |
| Opening statement for the discussion at the Committee's 49th meeting | From the communicant | 01.07.2015 |
| Emails attaching decision of the General Court in T-0312/14 | From the communicant | 24.07.2015 |
| Statement (observers' contact details redacted upon request) | From observers (Otto Brouwer and Joep Wolfhagen) | 26.08.2015 |
| Statement | From observers (Frank Bold Society and Justice & Environment) | 30.09.2015 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 27.06.2016 |
| Email requesting extension of deadline to comment on draft findings | From the Party concerned | 30.06.2016 |
| Comments on the draft findings | From the communicant | 17.07.2016 |
| Comments on the Party concerned's request for extension of commenting deadline | From the communicant | 27.07.2016 |
| Clarification of request for extension of commenting deadline | From the Party concerned | 29.07.2016 |
| Email regarding Party concerned's request for extension of commenting period | From the secretariat | 13.09.2016 |
| Comments on the Committee's draft findings | From the Party concerned | 18.10.2016 |
| Comments on Party concerned's comments on the draft findings | From the communicant | 28.11.2016 |
| Findings on Part II ENG FRE RUS | From the secretariat | 17.03.2017 |